Sale Deed

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What is Sale Deed meaning?

Sale deed is a legally binding document specifically made to transfer the right, title and ownership of immovable property from one person to another in exchange for a price.Sale deed is implemented by Registration Act of India. A sale deed is considered to be valid only when it is signed by both the seller and the buyer and both the parties has to comply with the terms and conditions mentioned in the sale deed.

A sale deed needs to be registered under The Registration Act, 1908 within four months from the date of execution.The registration is done by the Sub Registrar of Assurances of the jurisdiction, where the property is purchased

How to Register a Sale Deed Registration

Following are the steps to register a proprietorship company in india



step1

Application: Fill simple sale deed form regarding your personal details on LegalDocs website to create a sale deed draft. Upload Documents online on our website.

step2

Stamp Duty Payment: Stamp Duty and registration fees to be paid towards register office. Stamp DUty and Registration fees varies state to state. LegalDocs help you calculate stamp duty as per current laws and regulation of jurisdiction of property

step3

Registration: Registration of sale deed is must as per registration act. Seller and Purchaser has to visit concern registrar office and get registration done for property. After satisfactory scrutiny of documents and entities involved, sale deed is registered with easily.

Documents required for sale deed registration

  • Draft of Sale Deed/Title deed/Conveyance Deed
  • 7/12 extract or RTC (Records of Rights and Tenancy Corps) or
  • Khata Certificate and Extracts
  • Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder
  • Power of Attorney if any
  • Building plan sanctioned by the Statutory Authority
  • Allotment Letter from the Builder/Co-Operative Society/Housing Board/BDA.
  • If any loan on the property (Current or past) / Original Property Documents with Bank
  • Sale agreement with the Seller
  • All title documents of land owner
  • A Copy of all registered previous agreements (in case of resale property)
  • NOC from Apartment Association (in case of resale property)

Meaning of terms involved in a sale deed

  • Seller/Transferor
    Seller is a person who has current ownership of the property and is willing to sell his property for a price.
  • Buyer/Purchaser/Transferee
    Buyer or purchaser or transferee is a person who is willing to buy the property.
  • Witness
    Witness is a person who signs on the sales deed acknowledging to the fact that the buyer and seller have signed the sale deed in front of him.
  • Stamp duty
    A duty levied on the legal recognition of certain documents by the government.It is a kind of property tax which needs to be paid to the government while a property is being sold.It is calculated on the market value or the agreement value whichever is higher and stamp duty charges vary from state to state.
  • Registration Fee
    The registration fee is additional to the stamp duty charges. Registration fee needs to be paid to get the property transferred and registered in your name. The fee is either 1% of the market value or the agreement value, whichever is higher, however, subject to a maximum amount of Rs. 30,000. This fee is different in different states.
  • Title
    Title is the legal way of saying you own a right to something. Title refers to ownership of the property, meaning that you have the rights to use that property. It may be a partial interest in the property or it may be full. However, because you have title, you can access the land and potentially modify it as you see fit. Title also means that you can transfer that interest or portion that you own to others. However, you can never legally transfer more than you own.
  • Execution
    After the preparation of sale deed it is executed when all the parties involved like seller, buyer and witnesses sign or make thumb impressions on the document.
  • Registration
    To make a sale valid, a sale deed needs to be registered under Registration Act,1908 and this can be done in the sub registrar’s office in presence of both the parties.
  • Proof of Registration
    The certified copy of the registered lease deed with the name of the buyer can be obtained from the registrar's office which will act as a proof of registration.
  • Sale Price
    The price of the property agreed upon by both, the seller and the buyer.
  • Mode of Payment
    How the payment for the transaction is being made like through cash,cheque or online transfer etc.
  • Sale agreement
    It is an agreement between buyer and seller which clearly mentions details about the price agreed upon for the property and details of buyer and seller.

Why you Require Sale Deed?

Sale Deed is very important document while purchasing any immovable asset. Sale Deed is a written agreement for transfer of rights for property from one person to another person. Sale gives rights to buyer to use property for lifetime. Sale Deed is only valid document which gives lawful right to purchaser for use the property. One can not claim rights of property without sale deed.

Sale Deed FAQs

What is Sale deed?

Sale deed is a legally binding document specifically made to transfer the right,title and ownership of property from one person to another in exchange for a price.

What is difference between sale and agreement to sell?

In a contract of sale, when there is an actual sale of property, it is known as Sale whereas if there is an intention to sell the property at a certain time in future or when some conditions are satisfied, it is called an Agreement to sell.Both sale and agreement to sell are types of contract, wherein the former is an executed contract whereas the latter represents an executory contract.

Who needs Sale deed?

Anyone who wants to sell or buy a property in India needs to make a sale deed and register it under the registrations act at registrar’s office.

What are the documents required to make a sale deed?

Please refer the documents section above to know in detail about the documents required to make a sale deed.

How to make a sale deed?

Legaldocs provides the best services to make a sale deed. All you have to do is provide your contact number and information, consult with our expert ,provide relevant documents and get it done.

What is the meaning of title search?

A title search is a search which gives answer to the question if the owner is really a legal owner of the property and if there are any outstanding claims on the property.This can be done by going through records of property at sub registrar’s office.

What is a title defect?

If a property has encumbrance on it like mortgage deed or other claim on property then it is known as title defect.

What is the meaning of Chain of title?

When a property is sold and ownership passes from one owner to other on more than one occasion then title of the property creates a chain of ownership which is called chain of title.

What is Encumbrance?

An encumbrance is a thing which creates difficulty in transfer of property from one owner to other for example outstanding mortgages, liens on real estate,unpaid property taxes etc.

Can you sell property without the original sale deed?

One can sell ancestral property without sale deed as one has not purchased but only inherited. But you will have to show proofs of ownership of the property. Let s suppose you have ancestral land and do not have sell deed for same but you have receipt of property tax paid for last 15 years then you can sell that property only after proving your ownership. Please contact LegalDocs support me to discuss your particular case.

What are the Sale Deed Registration charges?

There are two charges in sale deed.
Stamp Duty - Stamp Duty is decided by sale value or market value of property whichever is higher. Stamp Duty is some per percentage of sale value or market value whichever is higher.
Eg. if sale value of a mumbai property is 1 cr and market value of that property as per ready reckoner rate id 1.1 cr then stamp duty will be calculated on the 1.1 cr as if has higher volume. Consult a legaldocs expert get your stamp duty calculated.

Registration Fees - Registration fees is also a variable of sale value upto certain limit then it is fix for all value above certain limit.
Eg. registration value if 1% of sale value or 30,000/- whichever if higher.

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